Building Code & IS Material standard
EXECUTION OF WORK
- The entire work should be carried out as per specifications in the National Buildings code and Taminadu Building Practice.
- The contractor shall made his own arrangements for clean and fresh water and shall meet all charges therefore. The special attention of the contractor is drawn to clause 36 of General Conditions of Contract regarding water and lighting.
- The rates specified in schedule for the different items of works are for the finished works.
- The contractor’s rates are inclusive of Sales Tax payable by the contractor to Government as per the Tamilnadu General Sales Tax act of 1939 as amended from time to time. No enhanced rates will be paid to the contractor for any upward revision of Sales Tax during the currency of the contract.
- All minor baling and pumping incidental of the work shall be borne by the contractor. Where heavy pumping is required the baling will be done departmentally. If the contractor is asked to do, the charges will be paid as per actuals plus 10%. The Executive Engineer in-charge of the work will be the final authority to decide whether pumping is minor or heavy.
- The payment for Earth work will be made for embankment excluding the quantity of pebbles, boulders and other such materials which shall not normally be used along with the earth for formation of bund.
- The cement concrete for reinforced cement concrete works shall be machine mixed.
- The lime mortar shall be ground in mortar will as per T.N.B.P.
- More than 90 cm height of concrete should not be laid in one day. At the place where the concrete is stopped, it should end in the form of steps so as to facilitate receiving of the next length of concrete. Once a height of 90cm of concrete is laid, it should be cured for three days before further concrete is laid.
- The teakwood or country wood (Karumarudhu or pillaimarudu) shall be of best quality and shall be subject to inspection and approval by Executive Engineer before use on the work.
- PAINTING: Paint used for the work shall be of approved brand and colour.
- PLASTERING: All external corners “TEE” beam edges and doors and windows opening etc., shall be finished truly vertical or horizontal as the case may be. The rate for plastering shall include the cost of finishing. No separate extra for finishing the corners edges of beams etc., will be paid.
- The planks for form work and centering for reinforced cement concrete works shall be well seasoned timber approved by the Executive Engineer according to clause 8 of T.N.B.P. No.30. They must be made smooth and perfectly level at top so as to give smooth and even finish to the reinforced cement concrete ceilings. Alternatively, the contractor may use steel sheets over wooden frames provided the required finish to the underside for the slab is obtained. Mango Planks shall not be used under any circumstances. Centering and form works hall be provided to the extent and areas ordered by the Executive Engineer during the execution.
- The arrangements of steel rods for reinforcement for reinforced concrete works shall be in accordance with the working drawing supplied.
- The Executive Engineer will be at liberty to carry out any portion of the work at any time either departmentally or through any other agency in the interest of Corporation without assigning any reasons therefor to the contractor who is actually doing the work. The contractor is not entitled for any compensation on account of the same. The contract will apply subject to this condition.
- In the event of the work being transferred to any of the Division / Sub-division the Executive Engineer/ Assistant Executive Engineer who is in-charge of the Division / Sub-division having jurisdiction over the work shall be competent to exercise all the powers and privileges reserved in favour of the Corporation.
CEMENT AND STEEL SUPPLY BY CONTRACTOR (SPECIAL CONDITION)
Cement required for the work should be procured by the contractor him self. The quality of cement to be used should confirm to ISI (as per specification furnished). Cement should be procured from main producers (brand to be approved by departmental officers)
The steel and binding wire for the work should be procured by the contractor himself. The strength with steel should confirm to ISI. No extra charge will be paid for welding of rods if found necessary. (as per specification furnished). Steel should be procured from main producers and secondary producers rerolling from tested billets only.
Cement steel to be used on works should be got approved from the departmental officers before use on works necessary test certificate has to be produced at the time of supply.
The term Indian standard specifications herein after referred to as IS means the relevant Indian Standard Specifications with all amendments published unto the date of submission of tenders. A statement of relevant IS applicable to context i.e., cement and steel is furnished as detailed below.
LIST OF MATERIALS
1. Specifications for ordinary and low heat Portland cement 269 – 1989 10
2. Specification for Portland pozzolana cement 1489 – 1991 10 A
Part I & II
- High strength ordinary cement (with amendment Nos 1 to 4) 8112 – 1978
- Rapid Hardening Portland Cement 8041 – 1978
||Code of Practice for bending and fixing of bars for concrete 2 reinforcement.||
502 – 1963
||Specification for High Strength Deformed steel bars and wires of concrete reinforcement||
1786 – 1985
||Code of Practice for welding of M.S. of practice for use for reinforce concrete construction.||
2751 – 1979
||Code of practice for use of metal are welding for genera construction in mild steel||
II 6 – 1969
||Specification for hot rolled mild steel, medium tensile steel and high yield strength steel deformed bars for concrete reinforcement (revised)||
1139 – 1966
||Recommendation for detailing or reinforcement in reinforced cement concrete works.||
5525 – 1969
||Specification for mild steel and medium Tensile steel bars for concrete reinforcement||
432 – 966 (Part – I)
||Code of Practice for safety and health requirement in Electric and Gas welding and cutting operations.||
818 – 1968
||Code for practice for fire precautions in welding and cutting operations||
3016 – 1982
||Measurement of Building and Civil Engineering Works, part – VIII steel work and from work.||
1200 – 1974 (Part – VIII)
||Code of practice for manual of metal and welding of mild steel||
823 – 1964
||Structural steel (Standard quality) fifth amendment No.1 to 5||
226 – 1975
||Specification for filler rods and wires for gas welding||
1278 – 1972
III. CENTERING WORKS
- Payments for centering works to all RCC items shall be made only after concrete is laid, even though separate rate is called for, for centering work in the schedule.
- The Contractor will be held responsible for the proper safe custody of all the Departmental Materials which are handed over to the contractor until they are finally used on the work or taken over by the department.
- The shed for storing materials should be put up the contractor at his own cost.
IV. SPECIAL CONDITIONS FOR EARTH WORKS EXCAVATION IN HARD ROCK REQUIRING BLASTING.
In the case of earthwork excavation in hard rock requiring blasting the tenderer should observe the following conditions.
a. The blasted rock shall be compactly stacked for measurement. The net quantity of blasted rock shall be arrived at by allowing a deduction 40% for voids and compared with the pre measured quantity and only the lesser of the Two shall be paid.
Where the rock other than hard rock and hard rock are mixed upon ground, the Two kinds of rocks shall be stacked separately for measurement. The net measurement of the Two kinds of rock shall be arrived at by applying 40% deduction for voids the total of the net measurement of two kinds of rock shall be compared with the pre measured quantity and only the leaser of the two shall be paid for. If the total of net measurement of the two kinds of rock exceeds (or) falls short of the measurement of mixture, the volume for mixture proposed to be paid shall be apportioned in the proportion of the net actual measurements of stacks of the two kinds of rocks.
Note: i) 40% deduction for voids shall be adopted for compact and proper stacking but such percentage of deduction shall be increased for loose (or) improper stacks.
ii) The blasted rock material, stacked, measured and paid for shall become the property of the department.
iii) I.S. Code No.1200 (Part.I) 1969 method of measurement of buildings and Civil Engineering of work. Part I “Earthwork” may be referred as and when necessary.
GENERAL CONDITIONS OF CONTRACT
1. Intent and reference to Tamilnadu Building Practice.
It is intended by these Tamilnadu Practice to describe;
- the Character of the materials to be used.
- The method of execution of work and
- the contractor’s responsibilities to the Public, Government and his workmen and general contract conditions which are to be accepted by every contractor who execute work entrusted to him by the Department.
1.2 Wherever the term “Standard Specifications” or “Specifications” or the abbreviation “T.N.B.P.No.” or “TNBP” is used in the specifications or in estimates or contract documents, it shall refer to the relevant specification in the Tamilnadu Building Practice.
1.3. The abbreviation “I.S” shall mean “Indian Standard”
2. Applicability of the Tamilnadu Building Practice
2.1 It shall be unnecessary to include in any contract documents a specification for any item of work which is defined in the tender notice or in the contract schedule of work to be done by a Tamilnadu Building Practice number (TNBP No.) The fact that the item is defined as specification, shall mean that the contractor is to execute the work according to such specification modified as may be necessary by an addendum specification for that particular item of work. In the absence of specification for any work or material in the T.N.B.P. such work should be carried out in accordance with the instruction given by the Executive Engineer.
2.2. THESE GENERAL CONDITIONS OF CONTRACT SHALL APPLY TO ALL AGREEMENT ENTERED INTO BY CONTRACTORS WITH THE PUBLIC WORKS DEPARTMENT OR HIGHWAYS AND RURAL WORKS DEPARTMENT AND shall from an inseparable condition of contract and it shall not be necessary to append a copy of the same to the agreement.
3. Contractor’s to sign in the Divisional (or the sub-Divisional) copy
of the T.N.B.P.
3.1 Every contractor who executes work for the Public Works Department or the Highways and Rural Works Department shall carefully study the specification for all items of work which are included in the schedule for work to be done and his obligation under the “General conditions of contract” which apply to all agreements, and he shall sign in the Divisional Office copy of the T.N.B.P. (or the Sub-Divisional Office copy if so arranged by the Executive Engineer as evidence that he understands clearly the conditions of contract governing his agreement and accepts the same.
3.2. It shall not be necessary for the contractors to sign the Divisional Office copy of the T.N.B.P. for every contract awarded to him, but his signature therein will be evidence that he accepts the conditions of contract (which include the specifications) as detailed in the T.N.B.P. for every contract into which he enters. It shall also be the contractor’s responsibility by frequent perusal of the Divisional Office (or the sub-Divisional Office) copy to become conversant with sanctioned alterations or addition as made to the T.N.B.P. as soon as they are made. A separate volume of addenda to the T.N.B.P. will be maintained in each Division (or sub division office) as the case may be, in which will be entered all sanctioned corrections and additions.
This must also be studied and signed by every contractor before executing an agreement. Interleaving correction slips will not be made for this purpose. The contractor should purchase copy of the T.N.B.P. for his reference while executing work.
4. Sub – Specifications
4.1. Works of similar nature having many common clauses in their specifications are grouped under one specification number with a ‘General’ preface thereto and the sub -specifications are therefore given an alphabetical affix.
5. Additions and alterations to the T.N.B.P.
5.1. Additions and alterations to the T.N.B.P. will be incorporated in the addenda volume as authorized by the Chief Engineer.
6. Power of General Manager ( Tech ) and Executive Engineers to supplement or alter the T.N.B.P.
6.1 General Manager ( Tech ) and Executive Engineer may alter the specification for any particular contract which is within their respective powers of sanction, when such alteration is found necessary by attachment of a correction sheet to the contract form, bearing the T.N.B.P. number, the corrections and the signature of the Superintending Engineer or the Executive Engineer as the case may be, together with the signature of the contractor. Similarly additional specifications for items for which there are no standard specifications will be made by attachment to the contract documents of addendum specifications sheets bearing the signature of the Superintending Engineer or the Executive Engineer as the case may be and the signature of the contractor.
- A-1. DEFINITIONS AND INTERPRETATIONS
7. Definition of terms
7.1. Where the works and expressions defined in this clause or pronouns used in their stead occur in contract documents (which includes the T.N.B.P.) they shall have the meanings hereby assigned to them except where the context otherwise requires:-a) Executive Engineer means the Executive Engineer for the time being in charge of the concerned work under execution or such other departmental assistants or subordinates to whom the Executive Engineer may have delegated certain duties, acting severally within the scope of the particular duty entrusted to them.
b) No delegation by Executive Engineer which affects agreements.
It is however, to be distinctly understood that the Executive Engineer or the General Manager ( Tech ) or the higher authority who is vested with the powers of acceptance of the particular agreement under reference will make no delegation of powers to such assistants or sub-ordinates with in any way affects the agreement and its contract condition when such agreement is to be or has been accepted by the Executive Engineer or by the other higher authority respectively. The duties of such assistant or subordinates will be solely duties of supervision to ensure compliance with contract conditions.
c) contractor means the particular persons firm or corporation with whom an agreement has been made by the Executive Engineer or higher authority as the case may be, for executing work defined in the concerned agreement, and for purpose of instruction regarding compliance with contract conditions, it shall include the contractor’s authorized agent, who is maintained on the work by the contractor. Contractor
d) “Works or work means” the works by or by virtue of the contractor contracted to be executed whether temporary or permanent and whether original, altered substituted or additional or connected with the supply repairs or carriage of tools and plant and supply or manufacture of other stores.
7.2. Works importing the singular only also include the plural and vice – versa where the context requires.
NOTE: The terms sub-divisional officer, Assistant Executive Engineer, Executive Engineer, General Manager ( Tech ) , used in the following clauses shall where the context so requires be construed as also including officers of the corresponding grade in the TAHDCO.
8. Evidence of Experience
Tenderers shall, if required, present satisfactory evidence to the engineer that they have been regularly engaged in constructing such works, as they propose to execute and that they are fully prepared with the necessary capital, machinery and materials to begin the work promptly and to conduct it as required by the T.N.B.P. and the other specifications for the particular work if tendered for, in the event of their tender being accepted.
9. Legal address / Notices
- Tenderers should given in their tender their place of residence and postal address. The delivering at the above named place or posting in a post box regularly maintained by the post Office Department or sending by letter registered for acknowledgment of any notice, letter or other communication to the contractor shall be deemed sufficient service thereof upon the contractor in writing as may be changed at any time by an instrument executed by the contractor, and delivered to the Executive Engineer.
- Nothing contained in the agreement and its contract conditions shall be deemed to preclude or render inoperative the service of any notice, letter or other communications upon the contractor personally.
B. STATEMENT OF APPROXIMATE QUANTITIES IN SCHEDULE-A
The quantities mentioned in tender notices and in agreement schedule – A, are worked out from the relevant drawing in office may or may not be the actual required for execution. The Executive Engineer does not expressly or by implication agree that the actual amount of work to be done will correspond therewith but reserves the right to increase or decrease the quantity of any class or portion of the work as he deems necessary.
Tenderers must satisfy themselves by a personal examination of the site of the proposed work, by examination of the plans and specifications and by other means as they prefer as to the accuracy and suffiency of the statement of quantities and all conditions affecting the work and shall not at any time after the submission of their tender, dispute or complain of such statement of quantities or assert, that there was any misunderstanding in regard to the nature or amount of the work to be done nor in consequence apply for extension of time for completion beyond the agreement date.
11.Approxmate not to mean deviation from drawing and specification
11.1 This declaration of the approximate nature of the statement of quantities in schedule. A does not, however, in any way imply that the quantities will be increased for departure by the contractor from strict compliance with sanctioned drawings and specifications to suit his own convenience or reduce his costs.
12. To compare tenders
12.1 The quantities in schedule – A are given for a uniform comparison of lump-sum tenders.
13.1 The contract drawing if any, read together with the contract specifications are intended to show and explain the manner of executing the work and indicate the type and class of materials to be used.
- The works shall be carried out in accordance with the drawings and specifications which form part of the contract and in accordance with such further drawing, details and instructions, supplementing or explaining the same as may from time to time be given by the Executive Engineer.
- If the work shown on any such further drawings or details, or other work necessary to comply with any such instructions, directions, or explanations, be in the opinion of the contractor, of a nature which the schedule rate in the contract does not legitimately cover he shall before proceeding with such work give notice in writing to this effect to the Executive Engineer and contractor failing to agree as to whether or not there is any excess rate to be fixed and the Executive Engineer deciding that the contractor is to carry out the said work, the contractor shall accordingly do so, and the question whether or not there is any excess and if so the amount there of shall failing agreement, be settled by an contractor as provided in the arbitration clause, unless the subject is one which is left to the sole discretion of the Executive Engineer under the clauses of these condition of contract and the contractor shall be paid accordingly.
- It shall be the responsibility of the contractor to give timely notice to the Executive Engineer recording anything shown on the drawings and not mentioned in the specification, or mentioned in the specifications and not shown in the drawings or any error or discrepancy in drawings or specifications and obtain his orders thereon. Figure dimensions are to be taken and not those obtained from scaling the drawings. In any discrepancy between drawings and specifications, the latter shall prevail. In any such cases or in case any feature of the work is not fully described and set forth, in the drawings and specifications, the contractor shall forth with apply to the Executive Engineer for such further instructions, drawings or specifications as he requires it, being understood that the subject to be dealt with under the building procedure of best modern practice. The Executive Engineer will furnish the further instructions, drawings or specifications if in his opinion; they are required by competent workmen, for the proper execution of the work.
15. Variations by way of modifications, omissions or additions
- For all modification, omissions from or additions to the drawings and specification, the Executive Engineer will issue revised plans, or written instructions or both and no modifications, omissions or additions shall be made unless so authorised and directed by the Executive Engineer in writing.
- The Executive Engineer shall have the privilege of ordering modifications, omissions or additions at any time before the completion of the work and such orders shall not operate to annual those portions of the specifications with which said changes do not conflict.
- The contractor shall submit to the Executive Engineer a statement giving details of the claims for any additional work within 30 days of the order of the work and no claim for any such work will be considered which has not been included in the statement.
16. Copies of drawing and specifications
16.1 One copy of the available drawings and specifications (apart from the T.N.B.P. a copy of which the contractor should purchase for his reference) shall be furnished free of the contractor for his own use, such copies and copies of supplementary details furnished by the Executive Engineer shall be kept by the contractor on the work until the completion thereof, and the Executive Engineer shall at all times have access to them.
17. Signed drawing no authority to the contractor
17.1 No signed drawing shall be taken as in itself an order for variation, unless either is it entered in the agreement schedule of drawings under proper attestation of the contract or and the Executive Engineer or unless it has been sent to the contractor by the Executive Engineer, with a covering letter confirming that the drawing is an authority for variation of the contract under reference.
D. MATERIALS AND WORKMANSHIP
18. To be the best quality
18.1 All materials, articles and workmanship shall be the best of their respective kind for the class of work described in the contract specifications and schedule materials being obtained from sources approved by the Executive Engineer. The work “best” as used in these specifications shall mean that in the opinion of the Executive Engineer there is no other superior quantity of materials or finish of articles on the market and that t here is no better class of workmanship available for the nature of the particular item described in the contract schedule. The contractor shall, upon the request of the Executive Engineer, furnish him with the vouchers to prove that the materials are such as are specified.
18.2. Samples of materials shall be furnished at the contractor’s expense to the Executive Engineer when called for in the tender notice or ordered to be furnished by the Executive Engineer prior to execution of any work.
19. convention for proportions
19.1 Wherever the proportions are written by figures without further description and where the meaning is otherwise clear as to which figure is intended to apply to each material then the usual conventions will be understood to apply.
1:2 Means 1 lime (or cement in accordance with the content) and 2 sand.
1:2:4 Means 1 Lime (or cement in accordance with the content) 2 sand 4 broken stone (or other aggregate in accordance with the content.)
20 Measurement and mixing
20.1 In the case of loose materials such as lime sand, cement, broken stone, surki, mortar, etc., the proportions demanded by the specifications must be measured in properly constructed measuring boxes or weighed or in such other manner as shall be instructed by the Executive Engineer, measurement is not to be done in loose heaps when intimate mixtures such as motar concrete, etc., are to be formed. The mixing must always be done on closely constructed platforms so that there will be no leakage of any of the materials through the floor of the platform and also that no foreign materials can be incorporated during the mixing. These platforms must be approved by the Executive Engineer. The cost of such measuring boxes and platforms and all the work referred to herein shall be borne by the contracts.
21.1. The materials and labour utilized in the execution of work by the contractor shall not be less than that given in the Tamilnadu PWD., Standard Data for the relevant item.
NOTE: In case the contractor considers that the materials and labour provided in the T.N.P.W.D. Standard data for the execution of particular items of work are in excess, the contractor may furnish detailed data for such items along with tender with reasons for variations from PWD., Standard Data.
22. Layout of Materials stacks
22.1. The contractor shall deposit materials for the purpose of the work on such parts only on the ground as may be approved by the executive Engineer. He shall submit for the approval of the Executive Engineer before starting work, a detailed site survey clearly indicating positions and areas where materials shall be stacked and sheds built.
23. Source of purchase of materials and stores.
23.1. The Executive Engineer shall, during the progress of the work, have power to cause the contractor to purchase and use such materials or supplies from Government brick fields, stores or other sources as may be specified in the contract for the purpose therein specified.
24. Contractor liable for materials supplied by Government.
- The contractor shall be responsible for all materials and other articles and things which may be supplied by Government from the time he takes delivery thereof and shall use them only for the purposes of this contract and shall make good any loss, damage wastage or undue wear and tear that may take place form whatever cause and pay to Government for such loss, damages, wastage or undue wear and tear such sum as the Executive Engineer may determine.
- If at any time subsequent to the execution of the agreement Government materials other than those specified in the Agreement are to be supplied to the contractor for use on the work they will be charged at the market value prevailing at the time of supply or stock issue rate whichever is greater. The contractor will be informed in writing of this change and the should intimate in writing the rate which he demands for finished work in view of the fact that he is to use Government materials.
25. Test inspection and rejection of defective materials and works:
25.1. The contractor shall provide proper facilities at all items for the testing of materials and inspection of the work by the Executive Engineer, and the Executive Engineer shall accordingly also have access at all times to the places of storage or manufacture where materials are being made for use under the contract to determine that manufacture is proceeding in accordance with the drawings and specifications.
25.2. The contractor shall, upon demand, also forward for the Executive Engineer’s inspection test certificate supplied by the vendors, when he is purchasing consignment of cement, steel and other materials in respect of which such certificates are usually available.
- The Executive Engineer shall have power to reject at any stage, any work which he considers to be defective in quality of material or workmanship and he shall not be debarred from rejecting wrought materials by reasons of his having previously passed them in an un-worked condition. Any portion of the work or materials rejected or pronounced to be inferior or not in accordance with the drawing and specifications,
shall be taken down and removed from the work site at the contractor’s expense, within 24 hours after written instructions to that effect have been given by the Executive Engineer. Replacement shall at once be made in accordance with the specifications and drawings at the contractor’s expense.
- In case of default on the part of the contractor to carry out such orders the Executive Engineer shall have power to employ and pay other persons to carry out the orders at the contract’s risk and all expenses consequent thereon incidental thereto shall be borne by the contractor.
25.5 In lieu of rejecting work not done in accordance with the contract, the Executive Engineer may allow such work to remain, and in that case shall make such allowance for the difference in value, as in his opinion may be reasonable.
25.6. Works opened for inspection:- The contractor shall, at the request of the Executive Engineer within such items as the Executive Engineer shall name, open for inspection any work covered up and should the contractor refuse or neglect to comply with such a request the Executive Engineer any employ other workmen to open up the same. If the said work has been covered up in contravention of the Executive Engineer’s instructions or if on being opened up, it be found not in accordance with drawings and specifications or the written instructions of the Executive Engineer the expenses of opening it and covering it up again whether done by the contractor or such other work men, shall be borne by or recovered form the contractor. If the work has not been covered up in contravention of such instructions or if on being opened up it be found to be in accordance with the drawings and specifications or the written instructions of the Executive Engineer, the expenses aforesaid shall be borne by Government and shall be added to the contract sum, provided always that in the case of foundations, or any other urgent work so opened up and requiring immediate attention the Executive Engineer shall, within reasonable time after the receipt of notice from the contractor that the work has been opened, make or cause the inspection there of to be made, and at the expiration of such time if such inspection shall not have been made, the contractor may cover up the same, and shall not be required to open it up again for inspection except at the expense of Government.
26. Defects, shrinkages, etc., after completion
26.1 Any defects, shrinkage or other faults which may appear within six months from the completion of the works arising, in the opinion of the Executive Engineer from faulty materials or workmanship not in accordance with the drawings and specifications or the instructions of the Executive Engineer shall, ;upon the directions in writing of the Executive Engineer and within such reasonable time as shall be specified therein, be amended and made good by the contractor at his own cost, unless the Executive Engineer shall decide that the contractor thought to be paid for the same at the rates agreed on such reduced or other raters, as the Executive Engineer may fix and in case of default, the Executive Engineer may employ and pay other persons to amend and make good such defects, shrinkage or other faults or damage, and all expenses consequent thereon and incidents whereto shall be borne by the contractor.
26.1. (A) The shrinkage period of six months referred to in main clause 26.1 above, will be five years in respect of all contracts for construction of original buildings either semi permanent, or permanent to ensure structural stability of the building.
(G.O. Ms. No.181 PWD 28-01-1986)
26.2. Provided that in the event of Government taking over portions of the works as and when they are completed the liability of the contractor under this clause shall extend to a period of six months (or five years as the case may be) from the date of final taking over of the work irrespective of the actual dates on which portion of the works were taken over.
27. Executive Engineer’s Decision
27.1 To prevent disputes and litigation, it shall be accepted as an inseparable part of the contract that in matters regarding materials workmanship, removal of improper work, interpretation of the contract drawing and contract specifications, mode of procedure and the carrying out of the work, the decision of the Executive Engineer shall be final and binding on the contractor and in any technical question which may arise touching the contract, the Executive Engineer’s decision s hall be final and conclusive.
28. Dismissal of Workmen
28.1. The contactor shall employ in and about the execution of the works only such persons as are careful, skilled and experienced in their several trades and callings and the Executive Engineer shall be at liberty to object to and request the contractor to remove from the works any person employed by the contractor in or about the execution of the works who in the opinion of the Executive Engineer misconducts himself or is incompetent or negligent in the proper performance of his duties and such persons shall not be again employed upon the works without the permission of the Executive Engineer.
D.1. GENERAL OBLIGATIONS
29. Contractor’s Head Mason or agent and contractor’s staff
- The contractor shall in his own absence keep constantly on the works a competent Head Mason or agent and any direction or explanations given by the Executive engineer or his representatives to such Head Mason or agent shall be held to have been given to the contractor.
- The contractor shall further provide all staff which is necessary for the proper supervision, execution and measurement of the work to ensure full compliance with the terms of the contract.
Government Head Mason or agents
30.1. The Government may be represented on the work by an agent clerk of the works, or Head Mason who is not borne on the Official list or officers and subordinates of the P.W.D. of Highways and Rural works Department. He (if appointed) shall, in the absence of the Executive Engineer, furnish the contractor with the Executive Engineer’s or his representative’s instruction and directions as to the progress and execution of the works and the contractor shall duly comply with such instructions and direction and shall on the written requisition of the Head Mason clerk of works or agent, stay the further progress of any portion of the works which in his judgment is being constructed with unsound or improper material or workmanship, until the opinion and determination of the Executive engineer shall be obtained thereon, but such Head Mason clerk of works or agent is to have no power whatever to order any extra works or deviation from the specifications and drawing.
E. INCLUDED IN CONTRACT RATES
31. Defining contract schedule rates.
31.1. The rate entered in a contract schedule for any class of work shall be for finished work in situ and shall include all contingent expenses whether direct construction expenses involved in the building in place in accordance with the drawings and specifications or whether they be expenses imposed by an outside authority such as a local body. Such contingent expenses shall not entitle the contactor to claim an extra in respect hereof.
32.1. Rates for finished work shall always include the cost of conveyance and all leads, lifts, loading unloading and stacking in the manner and at the place ordered by the officer in immediate charge of the work, unless circumstances necessity provisions for a separate schedule item, in which case for such will be specified in the tender notice or schedule.
32.2. Wherever the term ‘carriage’ or ‘conveyance’ is used in a schedule item, it shall in the absence of other schedule provisions or modifying description in the specification, be taken to include all leads, lifts, loading, unloading and stacking in uniform stacks to the satisfaction of the Executive engineer with careful attention to close packing in case of materials which are to be measured in stacks as a basis of payment for finished work.
NOTE: 1. In the case of important leads and lift as may occur in river conservancy and other such works where lifts over flood banks and long leads may be involved, it is usual to make separate schedule item provision with a specification defining the exact work to be done for each tendered rate.
NOTE: 2. Payment for carriage will ordinarily be by bulk or weight at a rate between specified places and on the basis of the method adopted in the standard schedule of rates for carriage of materials. The distances will be measured by the nearest practicable and cheapest routes, whether metalled or unmetalled road or cart tract.
32.3. When carts or vehicles of any sort are engaged by the day, the quantity of materials to be conveyed, the distance to be traveled and the number of trips to be made shall, if he considers necessary be fixed by the Executive Engineer.
32.4. The contractor is responsible for making good all loss in transporting materials entrusted to him or his agents, whether caused by wastage, breakage, theft or any other cause.
32.5. No payment shall, in any case, be made for the return trips with carts empty. Where there are loads also for the return trip the agreement rates should allow for the reduced cost thereby on each set of materials so conveyed.
33.1. The contractor shall include in his tendered price and shall provide and install all necessary construction plant and shall use such methods and appliances for the performance of all the operations connected with the work embraced under the contract as will secure a satisfactory quality of work and rate of progress which in the opinion of the Executive Engineer will ensure the completion of the work within the time specified. If at any time before the commencement, or during the progress of the work, or any part of it such methods or appliances appear to the Executive Engineer to be insufficient or inappropriate for securing the quality of the work required or the said rate of progress, he may order the contractor to increase their efficiency or to improve their character, and the contractor shall comply with such orders, but the failure of the Executive Engineer to demand such increase of efficiency or improvement shall not relieve the contractor from his obligation to secure the quality of work and the rate of progress required by the contract and the contractor alone shall be responsible for the efficiency and safety of his plant, appliances and methods.
33.2. It is however, open to the Executive Engineer to lend or supply to the contractor any tools, implements, materials and machinery that the Executive Engineer may consider desirable but for any such tools, implements, materials and machinery that may be lent or supplied to contractor by Government, the contractor shall pay such deposit and hire, or purchase price as may be determined by the Executive Engineer.
All articles that may be so lent or hired to the contractor shall be returned in good serviceable condition by him to the Executive Engineer before the final bill for work is paid and any shortage or damage shall be recovered from the contractor in the final bill at such rate as may be determined by the Executive Engineer after making such allowance as he may consider suitable for fair wear and tear.
34. Scaffolding instructions
34. All requisite scaffolding shall be provided at the contractor’s expense and shall be double, i.e., it must have two sets of upright supports. Care must be taken to ensure the safety of the workpeople and the contractor must comply with such instructions as the Executive Engineer may issue to ensure such safety. The contractor will be entirely responsible for any damage or injuries
to persons or property resulting from ill erected scaffolding, defective ladders, or otherwise arising out of his default in this respect. The contractor’s attention also invited to the ‘safety code’.
35. Temporary structure
35.1. The contractor shall erect and maintain at his own cost temporary weather proof sheds at such places and in a manner approved by the Executive Engineer for keeping materials under cover. The contractor shall also provide and maintain at his own expenses such temporary fences, guards, bridges and roads as may be necessary fences, guards, bridges and roads as maybe necessary for the execution of his contract work or for safeguarding or accommodation the public. If the Executive Engineer shall order any departure from the arrangements made of the contractor the contractor shall comply with such order as the Executive Engineer may issue to safeguard or accommodate the public. Sheds for housing workmen shall be provided at the contractor’s expense if, in opinion of the Executive Engineer, such are necessary or desirable.
36. Water and Lighting
36.1. The contractor shall pay all fees and provide water and light as required from municipal mains or other sources and shall pay all charges therefore (including storage tanks, motors, etc.,) for the use of the work and workmen unless otherwise arranged and decided on, in writing with the E.E. The water for the works shall be, so far as practicable, free from earthy vegetable or organic matter and from salts or other substances likely to interfere with the setting of matter or otherwise prove harmful to the work.
37. Sun protection, Keeping dry and pumping
37.1. The contractor shall at his own expense arrange all requisite protection of the work and materials against sun or rain effects and shall keep all portions of the work free from water to the satisfaction of the Executive Engineer and shall use his own plant for the purpose unless otherwise specifically provided in the contact specification.
38. Tools and Seigniorage
38.1. The contractor shall, unless otherwise specifically stated in the tender, notice and subsequently on this basis in the contract be responsible for the payment wherever payable of all import duties, tolls, octroi duties, seigniorage, quarry fees, etc., on all materials and articles that he may use.
- The contractor shall be solely responsible for the payment of sales tax under the provision of Madras General Sales Tax Act 1939 (Madras Act IX of 1939) as in force for time being and the rates for the various items of the work shall remain unaffected by any change that may be made from time to time in the rate at which such tax is payable.
- Not with standing anything contained in section 10 of the Indian Traffic act of 1894, the rates for items involving, the use or supply of articles obtained by the contractor from outside India shall remain unaffected by any changes that may be introduced in custom duties.
NOTE:- For works carried out on behalf of the Government of India, Seigniorage fees, etc., referred to in this clause will have to be levied in every case.
- No seigniorage shall be charged where due for materials quarried from the P.W.D. or other Government quarries Assistance as necessary will be given to the contractor by the department to obtain access to quarries approved by the Executive Engineer. No plot rent shall be charged for materials stacked on the government land during the course of construction provided all such materials or removed within one month after the work is completed.
- Seigniorage charges due for use of private quarries and private land shall be paid by the contractor.
38.6. The contractor shall form his own approach road to the work site for which no extra will be due to him. On completion the contractor shall not be permitted to remove the materials laid for formation of road, if the contractor is allowed to use the existing roads he shall maintain them in good condition at his own cost through out the period of the contract.
39. Setting out works
39.1. The contractor shall be responsible for the true and proper setting out of the works and for the correctness of the position levels, dimensions and alignment of all parts of the works and for the provision of all materials, staff and labour in connection therewith.
40. Clearing up during progress and for delivery.
40.1. All rubbish shall be burnt or removed form the site, as it accumulates. All floors, stairs, landing windows, surface and soil drains shall be cleaned down and put in a thoroughly complete clean, sound and workman like state to the satisfaction of the Executive Engineer before the work is finally handed over all rubbish and surplus materials not required by the Executive Engineer having first been removed by the contractor. The contractor shall give notice in writing to the Executive Engineer when the work is so ready to be handed over and shall be responsible for its maintenance until it is taken over by the Executive Engineer.
F. RESPONSIBLILITIES AND LIABILITIES OF THE CONTRACTOR
41. Observance of laws, local regulations and notices,
- The contractor shall conform to the regulations and by laws of any local authority and or of any water or lighting companies with those systems the structure is proposed to be connected and shall before making any variations from the drawings or specification that may be necessitated by so conforming, give to the Executive engineer written notice, specifying the variations proposed to be made and the reasons for making them and apply for instructions, thereon. In case the contractor shall not receive such instruction within seven days he shall proceed with the work conforming to the provisions regulating or by-lay in question and any variation in the drawing or specifications so necessitated shall be dealt with under clause 59.
- The contractor shall give all notices required by the said Act. Regulation or by-laws and pay all fees in connection therewith unless otherwise arranged and decided on in writing with the Executive Engineer. He shall also ensure that no attachments are made against materials of work forming part of or for the use of the contract in every case referred to in this clause the contractor shall protect and identify Government against any claim or Liability arising form or based on the violation of any such law, ordinance, regulation order, decree or attachment whether by himself or by his employees.
42. Accidents – Hoarding – Lighting observations – Watchman
- When excavations have been made or obstacles have been put in public thorough fares or in places where there is any likelihood of accidents, the contractor shall comply with any requirement of law on the subject and shall provide suitable hoarding lighting and watchmen as necessary.
- It shall be the contractor’s sole responsibility to protect the public and his employees against accident from any cause and he shall indemnify Government against any claims for damages for injury to person or property, resulting from any such accident and shall where the provisions of the workmen’s Compensation Act apply take steps to properly insure against any claims there under.
- On the occurrence of accident which results in the death of any of the workmen employed by the contractor or which is so serious as to be likely to result in the death of any such workmen, the contractor shall, within 24 hours of the happening of such accident, intimate in writing to the concerned section officer of the Department the fact of such accident. The contractor shall indemnify Government against all loss or damage sustained by Government resulting directly or indirectly from his failure to give intimation in the manner aforesaid including the penalties of fines if any payable by Government as a consequence of Government’s failure to give notice under the workmen’s Compensation Act or otherwise conform to the provisions of the said Act in regard to such accident.
- In the event of an accident in respect of which compensation may become payable under the Workmen’s compensation Act VIII of 1923 whether by the contractor or by the Government as principal it shall be lawful for the Executive Engineer to retain out of money due and payable to the contractor such sum or sums of money as may, in the opinion of the said Executive Engineer be sufficient to meet such liability. The opinion of the Executive Engineer shall be final in regard to all matters arising under this clause.
- The contractor shall indemnify Government from and against all claims and proceedings for or on account of infringement of any patent rights, design, trademark, or name or other protected rights in respect of any constructional plant, machine work or materials used for or in connection with the works or temporary works, or any of them and from and against all claims, demands, proceedings, damages, costs, charges and expenses what so ever in respect thereof in relation thereto.
- In respect of all labour directly or indirectly employed in the works for the performance of the contractor’s part of this agreement, the contractor shall comply with or cause to be complied with all the rules framed by the Government from time to time for the provision of health and sanitary arrangements to workers employed by P.W.D. and Highways and Rural works Department and their contractors (vide appendix) in case the contractor fails to make arrangements and provide necessary facilities as aforesaid the Executive Engineer shall be at liberty to make arrangements and provide facilities as aforesaid and recover the costs-incurred in that behalf from the contractor.
- In respect of all labour directly or indirectly employed in the works for the performance of the contractor’s part of this agreement, the contractor at his own expense shall arrange for the safety provisions as per ‘Safety Code’ framed from time to time and shall at his own expense provide for all facilities in connection therewith. In case the contractor fails to make arrangements and provide facilities as aforesaid the Executive Engineer shall be at liberty to make arrangements and provide facilities as aforesaid and recover the costs incurred in that behalf from the contractor.
- In respect of all labour directly or indirectly employed in the work for the performance of the contractors part of this agreement the contractor shall arrange to furnish in triplicate particular’s for each work in the proforma vide Appendix XXXVIII by the end of every month to the Executive Engineer in charge of the work.
43.1. Blasting executed by contractors in connection with Government works shall be carries out in the manner described under blasting operation – instructions to contractor of the TNBP.
44. Protection of Existing and Adjoining premises
44. The contract is to protect the whole of the adjoining and where necessary, the existing premises and all works and all fittings to all buildings on the adjoining the site against the structural and decorative damages caused by the execution of these works and make good in all respects all such damages done or occurring to the same, and leave such reinstatement in perfect order. He is also to make good any damage done in the execution of the work to existing public or to private footways or road-ways.
45. Permit other workmen – Co-operation- Afford Facilities.
45.1. The Executive Engineer shall have full power to send workmen upon the premises to execute fittings and other works not included in the contract, for whose operations the contractor is to afford every reasonable facility during ordinary working hours, provided that such operations shall be carried on in such a manner as not to impede the progress of the work included in the contract, but the contractor is not to be responsible for any damages which may happen to or be occasioned by any such fittings or other works, provided he complies with the Executive Engineer’s instructions in connections there with, and provided that the damages is not caused by himself or his workmen.
- The contractor shall, at all times co-operate assist attend on, and afford facilities for such specialists as may be employed by the Executive Engineer on other works in connection with the building, allowing them free of charge the use of all plant, light and water installed in the work. The contractor shall also cause such special work or protect it as instructed to avoid injury during progress of the works. For failure so to protect, the contractor must make good any damage caused.
- When two or more contractors are engaged on installation or construction work in the same vicinity the Executive Engineer shall have authority to direct the manner in which each shall conduct the work so far as it affects other contractors.
46. Holes for water services, gas, electrical and Sanitary fittings.
46.1. The contractor shall leave all holes in masonry and floors for the insertion of water services, gas and electrical connections and sanitary fittings in the exact positions indicated by the Executive Engineer during the progress of the work. These holes must be properly built up in a workman like manner at the Contractor’s cost, as soon as the fittings have been installed in cases, where the installations are made during the constructions of the building and where in the opinion of the Executive Engineer, delays in settlement of accounts will not thereby occur.
47. Contractor’s risk and insurance
- The work executed by the contractor under the contract shall be maintained at the contractor’s risk until the work is taken over by the Executive Engineer. The Government shall not be liable to pay for any loss or damages occasioned by or arising out of fire, flood, volcanic eruption, earthquakes or other convulsions of nature and all other natural calamities and risks arising out of acts of god during such period and the option whether to take insurance coverage or not to cover and such loss or damages is left to the contractor.
- Provided however, that the contractor, shall not be liable for all or any loss or damages occasioned by or arising out of acts of foreign enemies invasion hostilities or warlike operations (before or after declaration of war) rebellion, military or usurped power.
48.1. Subject to any provision to the contrary contained in the contract none of the permanent work shall save as hereinafter provided be carried on during the night or on Sundays and other holidays without the permission in writing the Executive Engineer or of the officer in charge of the work, save when the work is unavoidable or absolutely necessary for the safety of life or property or for the safety of the works in which case the contractor shall immediately advise the Executive Engineer.
49. Sand and Gravel
49.1. The contractor shall not make any excavations upon the site for the purpose of obtaining gravel, sand or soil other than shown or implied by the drawings, except with the previous permission of the Executive Engineer.
50. Old curiosities
50.1. All old curiosities, relics, coins, minerals, etc., found in excavating or pulling down, shall be the property of the Government and be handed over to the Executive Engineer. Should any ancient masonry, or other old work of interest be opened up the Executive Engineer’s attention shall be called to the same before demolition or removal.
51. Assignment or sub-letting
51.1. The contractor shall not without the written consent of the Executive Engineer assign the contract nor sub-let any portion of the same. Ordinarily no sub-letting will be permitted, but in case such should be permitted by the Executive Engineer, it shall in no way free the contractor from any of responsibilities under any clause of these “ conditions of contract” or of the “Articles of Agreement”.
52.1. The Executive Engineer shall, during the progress of the work have powers to select, nominate or recommend tradesmen or specialists to supply material or execute such portion of the work as he may consider desirable in the interests of the Government.
53. Ratification of the orders of the Executive Engineer
53.1. should the acceptance of the tenders be beyond the authorized powers of the Executive Engineer as laid down the P.W.D. code, the orders and decisions of such Executive Engineer with regard to
- extension of time for completing the contractor will be subject to the ratification of the General Manager ( Tech), TAHDCO for all works for which tenders were accepted by the Engineers of TAHDCO including General Manager ( Tech), TAHDCO / Board of TAHDCO and government
- the termination of contract or of employment of specialists for certain portion of the works will be subject to the ratification of the General Manager ( Tech), TAHDCO for all works for which tenders were accepted by Engineers of TAHDCO / Board of TAHDCO and Government.
54. Order Book
- An order book shall be kept at the TAHDCO office on the site of the work. As far as possible, all orders regarding the work are to be entered in this book All entries shall be signed and dated by the TAHDCO officer in direct charge of the work any by the contractor or by his representative. In important cases, the Executive Engineer or the General Manager (Tech), TAHDCO will countersign the entries, which have been made. The order book shall not be removed from the work except with the written permission of the Executive Engineer.
- No photographs of the site or of the work or any part thereof shall be taken except with the permission in writing of the Executive Engineer and no such photographs shall be published or otherwise circulated without the permission of the General Manager (Tech), TAHDCO.
H. DATE OF COMMENCEMENT, COMPLETION, DELAYS EXTENSION, SUSPENSION OF WORK AND FORFEITURE
55. Date of commencement and completion
55.1. On notification of possession of the site (or premises) being given to the contractor by letter registered for acknowledgements as provided in clause 9.1 para, he shall forthwith begin the work, shall regularly and continually proceed with them, and shall complete the same (except for painting or other work which in the opinion of the Executive Engineer, it may be desirable to delay) by the date of completion, as defined in the “Articles of Agreement” subject nevertheless, to the provisions of extension of time mentioned in the next clause. The contractor shall under no
Circumstances be entitled to claim any damages from TAHDCO if he incurs any expenses or liabilities to payment under the contract before the date of commencement defined above. The contractor shall have the right to withdraw from the contract and obtain refund of his security deposit if such intimation of handing over the site is delayed by more than two months from the date of acceptance of the agreement by competent authority.
56. Delay and extension of time
56.1. No claim for compensation on account of delay or hindrances to the work from any cause whatever shall lie except as hereinafter defined.
Reasonable extension of time will be allowed by the Executive Engineer or by the officer competent to sanction the extension for unavailable delays, such as may result from causes which in the opinion of the Executive Engineer, are undoubtedly beyond the control of the contractor. The Executive Engineer shall assess the period of delay or hindrance caused by any written instruction issued by him at twenty five percent in excess of the actual working period so lost. If at any time the Executive Engineer is of the opinion that there has been avoidable delays and the contractor fails to maintain the rate of progress specified in the articles of agreement, it shall be lawful for the Executive Engineer to impose penalty or order forfeiture from the deposit and sanction the extension of time for such delays, provided however, the penalty and forfeiture shall be governed as per clause 57.2 and 57.3.
- In the event of the Executive Engineer failing to issue necessary instructions and thereby causing delay and hindrance to the contractor the latter shall have the right to claim an assessment of such delay by the General Manager (Tech), TAHDCO. The contractor shall lodge in writing to the Executive Engineer a statement of claim for any delay or hindrance referred to above within fourteen days from its commencement otherwise no extension of time will be allowed.
- Whenever, authorised alternations or additions made during the progress of the work are of such nature in then opinion of the Executive Engineer as to justify an extension of time in consequence thereof such extension of time will be granted in writing by the Executive Engineer or other competent authority when ordering such alterations or additions.
Amendment for inclusion of additional clauses 56-4, 56-5 and 56-6 to the General condition contract T.N.B.P. Vol. III
- In case where the Government under the terms of the contract with the contractor are to liable to supply any materials, articles or things to the contractor for the performance by him of his part of the contract, the Executive Engineer, may at his absolute discretion extend the time within which such materials, articles or things may be supplied by the Government and the Government may supply to the contractor such materials, articles or things within the time so extended with out any liability on their part to compensate the contractor by reason of the extension of time for he supply of the materials, articles or things.
- In cases where the Government under the terms of the contract are liable to supply any materials, articles or things to the contractor for the performance by him of his part of the contract and the Government for any reason are unable to supply such materials, articles or things either with in the time specified in the contract within the time extended under clauses 56-4. The Executive Engineer, may at his discretion or at the request of the contractor, determine the whole or any part of the contract which cannot be performed by reason of the failure to supply such materials, articles or things and the contractor shall not be entitled to claim any damages or compensation in respect of such determination. The contractor shall, however be paid the value of the work already done by him and the cost of materials, articles or things if any collected by
him up to the date of such determination and left unused on the work spot (which shall be taken over by the Executive Engineer) either at the contract rates or at values deduced from the through rates included in the contract. When the contract is determined at the discretion of the Executive Engineer, he shall give notice is writing to the contractor and the decision of the Executive Engineer to determine the contract shall be final and binding on the contractor.
The expression “Through rates” means the rate for the finished items of work or the all in rates, that is to say, the rates for finished items of work inclusive of the cost of materials and labour.
56.6. If, at any time after the acceptance of the tender, the Government shall for any reason what so ever not required the whole or any part of the works to the carried out the Executive Engineer shall give notice in writing of the fact to the contractor, who shall have no claim to any compensation or other payments what so ever on account of any profit or advantage he might have derived from the execution of the work in full but which he didn’t derive in consequence of the termination of the works.
He shall be paid at contract rates, for the work executed by him including any additional works such as clearing of site etc. that may be rendered necessary by such termination. He shall also be allowed a reasonable payment as decided by the authority next higher rank to the authority which accepted the tender, for any expense incurred by him on account of labour and materials, articles or things collected, but which could not utilised on the works as verified by the Executive Engineer. Such decision shall be final and binding on both the parties and shall not be subject to arbitration under clause 69.
i) The clause were originally numbered as 59-A, 59-B and 59-C, and approved in G.O. ms. No.564 PW dated22.02.1960. But found to be omitted while approving over all amendments to general conditions to contract in G.O. Ms. NO.2659 PW dated 23.12.1970. The omission was brought to the notice of Government in CE (GL)’s letter dated 07.04.1982 and the above clauses were ordered to be included as clause 56.4, 56.5 and 56.6 in Govt.’s letter No.2163/Y2/95 -4 PWD., dated 19.09.1996 communicated in CE (Gl)’s memo No.CTO/A/470.70 dated 08.10.1996.
ii) The clause as approved by the Government may be pasted as an amendment slip to the General conditions of the contract appended to T.N.B.P. volume-II.
iii) The above clauses may be added as special conditions while issuing tender schedules for state Government funded or deposit workers to avoid any objections from the contractors at a later stage.
57. Delays in commencement or progress neglect of work or suspension of works by the contractor and forfeiture of Earnest Money, Security Deposit and with held amount
57.1. Time shall be considered as the essence of the contractor. If at any time the Executive Engineer shall be of the opinion that contractor is delaying commencement of the work, neglecting or delaying the progress of work as defined in the tabular statement, “Rate of Progress” in the Article of Agreement or the contractor fails to maintain the Rate of Progress in the Articles of Agreement plus any extension of time or the contractor shall suspend the works, or sublet the work or a portion thereof with out the sanction of the Executive Engineer or violates any of the provisions of the contract the Executive Engineer shall so advise the contractor and at
the same time demand compliance. If the contractor neglects to comply with such demand within seven days after receipt of such notice, it shall then or any time be lawful for the Executive Engineer to impose a penalty or forfeiture on this contractor from the or to determine the contract.
- The penalty or forfeiture refered to in clause 57.1 shall not exceed 5% of the value of the work executed and its imposed in cases where the contractor is allowed to proceed with the whole or part and complete the whole or such part of the works. The penalty or forfeiture imposed by the Executive Engineer under this clause is however subject to modification or waiver at the absolute discretion of authority higher in rank than the Executive Engineer.
- It shall be a further right of the Executive Engineer to give any part of the work to any other contractor at his discretion or have it done departmentally in order to maintain the rate of progress and the contract shall then be determined for only that portion of the work given to the contractor or done departmentally. The forfeiture under clause 57.2 will in these circumstances be applied any excess expenditure incurred on the account shall be recovered from the original contractor.
- Determination of the contract referred to in clause 57.1. shall carry with it the forfeiture of the Security deposit. After determining the contract, the Executive Engineer shall have the right to give any part of the work to any other contractor in the unexecuted portion of contract, in which case any expenses which may be incurred in excess of such amount which would have been paid to the original contractor if the whole work had been executed by him shall be borne and paid by the original contractor and may be deducted from any money due to him by Government under this contract or any other amount what so ever Provided also that if the expenses incurred by the Government are less than the amount payable to the contractor at his agreement rates the difference will not be paid to the contractor.
- In the event of anyone of the above clauses being adopted by the executive Engineer, the contractor shall have no compensation for any loss sustained by him by reason of his having purchased or processed any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of contract, and in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to be paid any sum for any work actually performed under the contract unless and until the Executive Engineer has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value of certified.
- In the event of the Executive Engineer putting in force all or any of the powers vested in him under the clause 57.4 he may if he so desires after giving a notice in writing to the contractor take position of the works and site and such plants and materials thereon (or any ground contiguous there to) and all such plant and materials as above mentioned shall thereupon be at the disposal of Government absolutely for the purpose of completing the work. After such notice shall have been given the contractor shall not be at liberty to remove from the site of works or from the ground contiguous thereto any plant or materials belonging to him which shall have been placed thereon for the purpose of the above work. Government shall not be liable to make any payment to the contractor on account of use of such plant for the completion of the works under the provisions herein before contained. On taking possession of the materials and stores belonging to the contractor or procured by the contractor and intended to be used for the execution of the work or any part thereof the contractor shall be paid for the same in account, at the contract rates, to be certified there of shall be paid for the same in account, at the contract rates, to be certified there of shall be final. Otherwise the Government may give notice in writing to the contractor to remove any of his plant or materials from the site and not required for completion of the works, if such plant and or materials are not removed within fourteen days after notice and have been so given, Government may remove and s ell the same holding the proceeds less the cost of removal and sale, to the credit of the contractor. The certificate of the Executive Engineer as to expense of any such removal and sale, shall be final and hinting on the contractor.
I. Particulars of payment
58. Payment on lump sum basis or by final measurement at unit
- Final measurements need not be taken unless either the contractor or the Executive Engineer claims extras to or deductions from the quantities of schedule-A.
- In case final measurements are claimed, they shall be taken only for those items for which either the contractor or the Executive Engineer claims final measurements and the quantities of the remaining items in schedule-A shall be accepted as correct. The lump sum amount mentioned in the agreement will then be varied by adding thereto or deducting there from as the case may be, the difference (if any) between the amounts mentioned in Schedule-A for such items and the amounts arrived at by calculation at contract rates based on the revised quantities for the same, obtained by the final measurement aforesaid.
- It shall be accepted as a condition of the contract that the payment of the final bill to the contractor less the withheld amounts and his acceptance thereof shall constitute a full and absolute release of Government from all further claims by the contractor under the contract.
59. Payment for additions and deductions for omissions
- No authorized variation shall vitiate the contract, but additions and omissions shall be measured up and dealt with in accordance with clause 58.2.
- If there is not rate in Schedule A for additional work ordered to be carried out by the Executive Engineer, then prior to execution of the additional work, a rate for the additional work, shall be worked out in accordance with the methods indicated in 59.3. and with the rate agreed upon a supplemental agreement shall be entered in the proper departmental form signed and dated by the contractor and the Executive Engineer and or any other officer for the time being authorised to accept such agreement and supplemental agreement shall on such acceptance form part of the original agreement. A copy of the supplemental slip shall be given to the contractor.
- The rate for additional works shall be derived from the rate for similar items of work in the accepted agreement.
- In the case of works for which supplemental agreement is to be entered into during the period when the schedule of rates has not changed from the date of execution of the original agreement then the rates for supplemental agreements may be the prevailing schedule of rates plus or minus tender premium in case the rates cannot be derived from the items in the original agreement. In other case, where the schedule of rates has changed in the intervening period, the rates prevailing as per the schedule of rates at the time of execution of supplemental items will be adopted with no tender premium over this rate.
- If the rate for a particular item of work is not in the schedule of rates, the prevailing market rate when the work was done shall be adopted.
59.3.4. If the rates cannot be determined as above, the rates shall be fixed on the cost of labour and materials plus 10 percent thereon, provided the vouchers shall have been delivered to the Executive Engineer within 7 days after such work is completed. If the Executive Engineer considers that the vouchers are unduly high, the Executive Engineer can valuate the work as reasonable and fair and make payment if the value of payment is less than Rs.1,000. If the value of additional payment exceeds Rs.1, 000 the contractor shall have the right to submit the matter to arbitration.
60. No payment for unsanctioned extras60.1. It shall be distinctly understood that no payment whatever will be made to the contractor for variations by way of extras, in cases where such variations have been made without the written sanction of the Executive Engineer.
61. Accounts Receipts and vouchers
The contractor shall at any time upon the request of the Executive Engineer furnish him with all invoices account, receipts and other vouchers that he may require in connection with the contract.
62. Fraud, willful neglect or default
62.1. No final or other certificate of payment or of completion, acceptance or settlement of account shall, in any circumstances, relieve the contractor from his liability for any fraud, or willful neglect or default in the execution of the contract or any willful or un authorised deviations from drawings, specifications, instructions and direction for the time being binding upon him.
63. Unfixed materials
63.1. No payment or advance will be made for unfixed materials when the rates are finished work in situ.
64. Payment and Certificate
64.1. payments will be made to the contractor under the certificates to be issued at reasonably frequent interval by the Executive Engineer or the Sub-Divisional Officer, within 14 days of the date of each certificate an intermediate payment will be made by the Executive Engineer or the Sub-Division Officer of a sum equal to 95 percent of the value of work, as so certified and the balance of 5 present will be withheld and retained as security for the due fulfillment of the contract. under the certificate to be issued by the Executive Engineer or Sub-Divisional Officer on the completion of the entire works, the contractor will receive the final payment of all the money due or payable to him under or by virtue of the contract except security deposit and the withheld amount equal to 2 ½ percent of the total value of the work done provided there is no recovery from or forfeiture by the contractor to be made under clause 57. The amount with held from the final bill will be retained under ‘Deposits’ and paid to the contractor together with the Security Deposit after six months reckoned from the date of completion of work or as soon after six months reckoned from the date of completion of work or as soon after the expiration of such period of six moths as all defects shall have been made good according to the true-intent and meaning there of whichever shall last happen. In the event the final bill remains unpaid even after the period of six months aforesaid, the Executive Engineer shall refund the security deposit which includes the E.M.D. and also the with held amount on a separate bill if requested for by the contractor in writing. No certificate of Executive Engineer or Sub-Divisional Officer shall be considered conclusive evidence as to the sufficiency of any work or materials or correctness of measurements to which it relates nor shall it relieve the contractor from his liability to make good defects and provided by the contract. The contractor when applying of a certificate, shall prepare a sufficiently detailed bill based on the original figures of quantities and rates in the contract schedule-A to the satisfaction of the Executive Engineer, to enable the Executive Engineer or the Sub-Divisional Officer to check the claims and issue the certificate. The certificates as to such of the claims mentioned in the application as are allowed by the Executive Engineer or the Sub-Divisional Officer shall be issued within fourteen days of the application. No application for a certificate shall be made within fourteen days of a previous application.
- (A) Not with standing the above clause, the with held amount of 2½% from the final bill in respect of contract for construction of original building, will be retained by the Government for a total period of one year in lieu of six months period referred to in clause 64-1 above and will be released after the expiry of one years period on execution an indemnity bond by the contractor to the satisfaction of the Executive Engineer for a further period of four years to ensure structural stability of the building under clause 26.1.A.
- When there are complaints from the labour Department about non-payment of wages to the labourers employed by the Contractor for the execution of works under agreement, the Executive Engineer, shall have full powers to withhold the bills claimed by the contractor pending clearance certificate from the labour Department and to act as per the direction given by the labour Department.
65. Interest on money due to the contractor
- No omission by the Executive Engineer or the Sub-Divisional Officer to pay the amount due upon certificates shall vitiate or make void the contract not shall the contractor be entitled to interest upon any guarantee fund or payments in harrier, nor upon any balance which may, on the final settlement of his accounts, be found to be due to him.
- Whenever the with held amount reaches Rs.1,000 or a multiple thereof, the contractor may, at his option, deposit with the Executive Engineer an equal amount in sums of Rs.1,000 or a multiple thereof, in any of forms of interest bearing securities recognized for the purpose by the T.N. Public Works Account Code and subject of the provisions thereof contained in which case the equivalent withheld amount shall be paid to him forth with. The Contractor will be permitted to exercise the option in this clause, subject only to the condition that the rates of progress contained in the Articles of Agreement in properly maintained.
66. Acceptance of final measurements
66.1. The contractor agrees that before payment the final bill shall be made on the contract, he will sign and deliver to the Executive Engineer either in the measurement book or otherwise as demanded a valid release and discharge from any and all claims and demands whatsoever for all matters arising out of or connected with the contract and also produce a certificate from the Incomes Tax Authorities that all income tax payable by him unto-date has been duly paid provided that nothing in this clause shall discharge or release the contractor form his liabilities under the contract. It is further expressly agreed that Executive Engineer in supplying the final measurement certificated need not be bound by the proceeding measurements and payment. The final measurements, if any of the Executive Engineer shall be final conclusive and binding on the contractor.
67. Recovery of money from contractor in certain cases
67.1. In every case in which provision is made for recovery of money from the contractor, Government shall be entitled to retain or deduct the amount thereof from any money, that may be due or may become due to the contractor under these presents and or under any other contract or contracts or any other account what so ever.
67.2. Recovery under Revenue Recovery Act.
Whenever any amount has to be paid by the contractor in view of determination of the contract by virtue of clause 57 or any amount that may be due from the contractor is under these presents and the contractor is not responding to the demands for the payment of the said amount, then the Government shall be entitled to recover the said amount under the provisions of the Revenue Recovery Act.
68. Contractor dying becoming insolvent insane or imprisoned
68.1. In the event of the death or insanity or insolvency or imprisonment of the contractor, or where the contractor being a partnership or firm becomes dissolved or being a corporation goes into liquidation voluntary or otherwise, the contract may at the option of the Executive Engineer, be terminated by notice in writing posted at the site of the works and advertised in one issue of the local district Gazette and all accepted and acceptable works shall forthwith be measured up and paid for at the rates provided in the contract schedule where such apply, or otherwise by the most recent schedule of rates of the division approved by competent authority to the person or persons entitled to receive and give a discharge for the payment.
J. SETTLEMENT OF DISPUTES
69.1. In case of any dispute or difference between the parties to the contract either during the progress or after the completion of the works or after the determination, abandonment or breach of the contract, or as to any matter or thing arising there under except as to the matters left to the sole discretion of the Executive Engineer under clauses 18, 20, 25.3, 27.1, 34, 35 and 37 of “General conditions of contract’ or as to the with holdin g by the Executive Engineer of payment of any bill to which the contract may claim to be entitled, then either party shall forthwith give to
the other notice of such dispute for difference and such dispute or difference, shall or be and is hereby referred to the superintending Engineer of the nominated circle, mentioned in ‘Articles of Agreement’ hereinafter called the Arbitrator in case where the value of claim in less than and up to Rs.50,000. The arbitrator shall give detailed reasons in their awards for their findings and conclusion. Subject as aforesaid to the provisions of the arbitration Act, 1940, or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force shall apply to the Arbitration Proceeding under this clause. Upon every and any such reference, the cost of and incidental to the reference and award respectively shall be discretion of the arbitrator, subject to the condition that the amount of such costs to be awarded to either partly shall not, in respect of a monetary claim exceed the percentage set out below of any such award irrespective of the actual fees, cost and expense incurred by either partly provided that where a monetary claim is disallowed in full the said percentage shall be calculated on the amount of the claim. The arbitrator may determine the amount of the costs to be awarded or direct the same to be taxed as between solicitor and client or as party and party shall direct by whom and to whom and in what manner the same shall be borne and paid.
The percentage above referred to in this clause are 5% on any such monetary award which does not exceed Rs.10,000/- 3% on the next Rs.40,000 or any part thereof provided that the government shall not be liable to any claim in respect of any such dispute or difference until the liability and the amount thereof shall have been referred to and decided by the arbitrator.
69.2. The fees for Arbitrators shall be levied based on the value of claims referred to for arbitration. The fees shall be calculated at 5% of the first Rs.10,000/- at 3% of the next Rs.40,000/-.
69.3. In cases where the value of claim is more than Rs.50,000/- the parties will seek remedy through the competent civil court.
ADDITIONAL CONDITION FOR THE SUPPLY OF CEMENT & STEEL
BY THE CONTRACTOR
(Engineer-in-Chief & Chief Engineer (General) No. AEE./T1/AE.1/40322/96, dated 28.05.2002)
Cement : The contractor has to make his own arrangement for the procurement of cement of required specifications for the woks subject to the followings:
(a) The contractor shall procure cement required for the works only from reputed
cement factories (main producer or their authorized agents, manufacturing cement to ISI standard) acceptable to the Engineer-in-Charge. The contractor shall be required to furnish to the Engineer-in-Charge bills of payment and cost certificates issued by the manufactures of their authorized agents to authenticate procurement of quality cement from the approved cement factory.
(b) The contractor shall procure in standard packing of 50kg per bearing
manufacturers name and ISI marking from the authorised manufacturers. The
contractor shall make necessary arrangement at his own cost to the satisfaction of
Engineer-in-charge for actual weighment of random sample from the available
stock and shall confirm with the specification laid down by the Indian standards
institution as the case may be. Cement shall be got tested for all the tests
including through destructive and non-destructive test materials etc., as directed by the Engineer-in-Charge in advance before the use of cement bags. In case test
results indicate that the cement arranged by the contractor does not confirm to the
relevant code, the same shall stand rejected and shall be removed from the site by the contractor at his own cost within a day’s time of written order from the
Engineer-in-charge to do so.
(c) The employer will furnish air entraining agents and admixtures required to the contractor free of cost at the employer stores. The use of such admixtures and agents shall be made as per the instructions of the Engineer-in-Charge. The cost of cartage / Storage, handling, batching mixing shall be borne by the contractor and shall be included by him to unit offers tendered for concrete.
d) The cement shall be brought at site in bulk of approximately 50 tones or as decided or as decided by the Engineer-in-Charge for large works.
- The cement Go-down of the capacity to store a minimum of 1000 bags of cement shall be constructed by the contractor at site of work, for which no extra payment shall be made. The contractor shall facilitate inspection of the cement godown by the Engineer-in-Charge at any time.
(f) The contractor shall further at all times satisfy, the Engineer-in-Charge on
demand by production of records and test book or by submission of returns and
other proofs as directed that the cement is being used as tested and approved by
the Engineer-in-Charge for the purpose and the contractor shall at all times, keeps
his record up to date and enable the Engineer-in-Charge to apply such checks as he may desire.
(g) Cement which has been unduly long in storage with the contractor or
alternatively has datenorated due to inadequate storage and thus become unfit for
use on the works will be rejected by the Department and no claim will be
entertained. The contractor shall forth with remove from the work area any
cement the Engineer-in-charge may disallow for use on work and replace it by
cement complying with the relevant Indian Standards.
The contractor has to make his own arrangements for the procurement of cement to required specifications for the works subject to the following.
- The contractor shall procure cement required for the works only from reputed cement factories (Main producer of their authorized agents, manufacturing cement at I.S.I. Standards) acceptable to the Engineer-in-Charge. The Contractor shall be required to furnish to the Engineer-in-Charge bills of payment and test certificate issued by the manufacturers or their authorized agents to authenticate procurement of quality cement from the approved cement factory. The Contractor shall make his own arrangement for safe, haulage and adequate storage of cement.
- The contractor shall procure in standard packing of 50 kg per bag from the authorized manufacturers. The contractor shall made necessary arrangement at his own cost to the satisfaction of Engineer-in-Charge actual weight of random sample from the available stock and shall confirm with the specification laid down by the ISI or other standard foreign institution as the case may be cement shall be got tested for all the tests as directed by the Engineer-in-Charge atleast one month in advance before the use of cement bag brought and kept on site go-down.
- The employer will furnish air string agents and admixtures required to the contractor free of cost at the employer stores. The use of such admixtures and agents shall be made as per the instruction of the Engineer-in-Charge. The cost of Cortege/Storage handling, batching mixing shall be borne by the contractor and shall be included by him to unit offices tendered for concrete.
(h) The contractor should store the cement of 60 days requirement atleast one month in advance to ensure the quality of cement brought to site and shall not remove the same without the written permission of the Engineer-in-Charge.
The contractor shall forthwith remove from the works area and cement that the Engineer-in-Charge may disallow for use on account of failure to met with required quality and standard.
(i) The Contractor will have to construct sheds for storing cement having capacity not less than the cement required for 90 days use at approved location. The Engineer-in-Charge the representative shall have free access to such stores at all times.
(j) The contractor shall further at all times satisfy the Engineer-in-Charge on demand by production of records and books or by submission of returns and other proofs as directed that the cement is being used as tested and approved by Engineer-in-Charge for the purpose and the contractor shall all times, keeps such record. Unto date to enable the Engineer incharge to apply to such checks as the may desire.
(k) Cement which has been unduly long in storage with the contractor or alternatively has deteriorated due to inadequate storage and thus become unfit for use on the work will be rejected by the Department and no claim will be entertained. The contractor shall forthwith remove from the work area any cement the Engineer-in-Charge may disallow for use of work and replace it by cement complying with the relevant Indian standards.
The contractor shall provide mild steel (MS) reinforcement. High yield strength Deformed (HYSD) Bars, rods and structural steel etc., required for the works only from the main and secondary producer manufacturing steel or the authorized agents to the prescribed specification. Bureau of India standards requirements and licensed to affix ISI or other equivalent certificate of marks and acceptable to the Engineer-in-Charge Necessary I.S.I. test certificates are to be produced to Engineer-in-Charge before use on works.
The diameters and weight of steel should be as follows.
Diameter of rod
Sectional weight in kilogram per running meter both for plain and HYSD steel.
Note: if any rods other than those specified above are used the weights shall be as per standard steel tables only. If department steel is issued for the work, the same will be recovered.
1. The contractor should take over the site from TAHDCO and commence the work with in fifteen (15) days from the date of acceptance of the agreement. Failing which a fine of Rs. 1,000/- (Rupees One thousand only) per day will be recovered and there after a fine of Rs. 500/- ( Rupees five hundred only) will be recovered per day till the date of commencement of the work.
If the work is not commenced with in thirty days, the agreement will be terminated forfeiture of EMD and the contractor will be banned from taking up work in TAHDCO for two years.
Criminal procedure will be initiated against the contractor when confirmed the work, which awarded by TAHDCO are totally sublet to other.
The following materials are approved for using Electrical works.
5 Amps Single pole switch with porcelain base, stair case switch concealed type switch, Ceiling rose, batton holder and other bakelite accessories : KEBSON SOPHER, KHOSLA, GEC, PILOT, STANDARD, SHAMCO, TRICHUS, MARCO,KAYCEE, ARIAN, OBLONG TYPE, KALKI, SANCO, OK/55,RAMKEY RAHAJ.
5 Amps and 15 Amps C.S plug with porcelain base : PREMIER STANDARD TRICHUL, MARPO, SCHPER, BEF KAYCEE, HKALI, SHAMCO, RAMKEY,BAJAJ,OB 555.
Flush type switches with pince batton switch knot and flush to 5 Amps to 15 Amps 3 Pin CS Plug (Flush Type) : ANCHOR, RECORD, SHAKCO, RAKEY KHOSLA, KALKI NOVA.
White opal, Fancy Glass.
Brass accessories ( Holders Angle holders and patton ) KAY 555 , KERSON, KHOSLA, RAMEY, ELLORA, RAMKEY, KALKI MEN, GEC, SIMPLEX, BOSMA FUSE UNIT WITCO, SCHPER, GEM, STANDARD.
IRON AND METAL GLAD SWITCHES UPTO 60 Amps; BOSMA, WITCO, HEM, GEM,PREMIER, BSA, SPC, CONTRACTOR, MEN SIMPLEX BENCO, GEC, MENCO, IRON AND METAL GLAD SWITCHES ABOVE 60 Amps; BENCO, SIMPLEX, GEC, ENGLISH, ELECTRIC, AEI, LTLK, EAS UANOTHER MILL, CROMPTON, GEM, STANDARD.
BULK HEAD FITTING:
F – LIFE, BAJAJ.
ICC, CLOSTER, PREMIER, PROPODUE( STEMENS) UNIVERSAL POWER CABLE ASIAN CABLES AND ALL OTHER CABLES WITH I.S.I. MARK.
WIRING CABLES AND WEATHER PROOF CABLES:
ICC, CLOSTER, STERLITE, FINILEX, MAHENDRA, DEVI DYAL, MICO.
BOSMA, SENTINAL, CONTRACTOR, GEC, MINDUS,TAC, GEM, MEN CO,
FLOURECENT AND INCANDESCENT LAMPS:
AEI, GEC, PHILIPS, BALIGA,BAJAJ,CROMPTON, CROMPTON GREAVES, MAZADA,THOSI,BAN,BENCA.
CROMPTON, ORIENT, USHA, TROPICAL, BAJAJ, COOL HOME.
CROMPTON, RALLIES, ORIENT,USHA.
CROMPTON GREAVES, GEC, BAJAJ, USHA, CALCATTA FANS.
All electrical materials and equipments approved by the General Electrical Testing Laboratories at KAKKALUR in Thiruvallur District can be used on works.